BOMB FAMILIES PLAN CIVIL ACTION AGAINST TERROR SUSPECTS
Bomb families plan civil action against terror suspects
By: Olga Bradshaw
RELATIVES of those who died in the August 15 1998 bombing of Market Street in Omagh have announced that they are to take civil action against those they believed carried out the atrocity.
The families of Samantha McFarland (17), Lorraine Wilson (15), toddler Breda Devine and James Barker (12), are being assisted by a fundraising campaign launched this week by a national daily newspaper.
Their decision to take legal action is unprecedented never before have alleged terrorists been sued for being terrorists.
It is certain that a lengthy and costly civil action will be pitted with difficulties, but a civil action does have advantages over criminal cases.
In a criminal prosecution the jury must be sure beyond all reasonable doubt that a person is guilty. In a civil action a claimant must obtain enough admissible evidence to prove the case on the balance of probabilities. This means a court must find them 51 per cent likely to be guilty.
A civil action could take place in the Supreme Court in the South of Ireland, the High Court in Belfast, or the High Court in London, and it is understood that lawyers are currently working on where jurisdiction lies.
If the families lose the case they could become liable for costs on both sides, which would be an enormous burden for them to bear. Those families planning to take civil action do not expect to qualify for Legal Aid.
Meanwhile, the Secretary of State, Mr. Peter Mandelson, who was in town on Monday, said he could not find it in his heart to condemn the families' actions.
Pledging support for the continued campaign to bring those responsible for the bombing to justice, he also said that he welcomed anything that helped that process.
The main aim of his visit was to meet privately with members voluntary organisations and community groups which helped the bereaved during the Omagh Inquest which came to an end on October 5.
The meeting took place at the Bridge Centre, in Campsie, where Mr. Mandelson took time to talk to members of the Red Cross, the Tara Centre, Cruise bereavement service, members from the Wave Centre, representatives from the Omagh Trauma Centre and others.
Prior to it, the Secretary of State was welcomed by Mr. Hugh Mills, chief executive of the Sperrin Lakeland Trust, Mr. David Bolton, director of Community Care with the Trust, and Mr. Michael Duffy, Trauma Team leader.
He said the people of Omagh had been through a very great deal, reliving the horror of what had happened in the town two years ago, and he was visiting the town to show that they had not been forgotten and he had immense sympathy for the plight they felt.
Mr. Mandelson the families of Omagh had shown "immense courage and dignity" in recent weeks as the Inquest had gone on, and he added: "if it were down to my deepest feelings, and my personal will were sufficient, to bring about a prosecution, those people who were responsible would have been brought to trial a long time ago."
Confines
However, he said that people had to work within the confines of the law, and could not intervene in the on-going police investigation. But he did promise that every effort and resource was being used, and he vowed to give his own personal backing to the continued search for the people who committed "this terrible atrocity".
Referring to developments over the weekend, and the seemingly endless stalemate situation in implementing the Good Friday Agreement, Mr. Mandelson said that people everywhere in Northern Ireland had a responsibility to put violence behind them for all time and they also had a duty to make politics work in Northern Ireland.
He said the only way security and stability could come to Northern Ireland was if politics worked permanently, and he alluded to the fact that there was a loss of confidence on both sides of 'the Divide' with their opposites.
The Secretary of State said the bottom line was people all had to work together to build confidence and restore trust. If this was not done, he said, the situation would simply fall back into that resembling the past. He said people just had to look at the Middle East to see what existed there.
"We have to work with the Good Friday Agreement and make it work. That is what we have to concentrate on," he said, adding that he would be in consultation with the Irish Government to see if a way out of the current "difficult circumstances" could be found.
Referring to the decision by some of the bereaved families to launch a Civil legal action against those they perceive to be responsible for the bombing, Mr. Mandelson said he could not find it in his heart to criticise them.
He said he understood the frustration people felt, and said they had his profound sympathy. He added that he had seen Panorama, and while it might not have been the most helpful thing in the world, he could not criticise people for taking action or doing anything that motivated people to come forward with vital evidence to put a prosecution in place.
"For myself, as Secretary of State, I cannot interfere with the judicial process or with the police investigation," he said.
He said he knew the police felt as deeply as anybody else, and they had taken a lot especially in recent weeks. He was also aware of some of the questioning thrown at the police during the Inquest, and said he had no time for that at all for that type of thing.
"I am a politician and a Minister who feels the misery and sadness of the families of the Omagh victims. I feel their tremendous sense of loss. Every day I wake up and find yet another day has passed without these prosecutions we want taking place. I cannot criticise people for doing what they are doing," he said.
Referring to the current political impasse, and the threat to bar members of Sinn Fein from taking part in a cross-border group meeting this week, Mr. Mandelson said that he had never known a time when things had not been difficult. However, he said that step by step throughout the past year, there had been progress, and for the first time in Northern Ireland's history there was a government which was truly representatives of all the political groupings.
"You have so much working. Politics is working. To put it at risk to jeopardise it makes no sense at all. If we lose it there will be no replacement," he said, adding: "It is now or never for this agreement, and that's why people need to act."
One of those who met the Minister, Mrs. Tracey Kernaghan, said that it had provided an opportunity for the various groups in Omagh to receive recognition for the support they had provided since the bombing.
She said there had been a tremendous amount of supportive work done in the town by each of the groups represented at the meeting, and the fact that there had been little media intrusion into the private meeting gave Mr. Mandelson the opportunity to express his personal gratitude.
"It was an important gesture for a Government representative to acknowledge the huge amount of work carried out during the past two years, and which continues. It is paramount that the Government continues to support this much needed work, by funding and supporting groups working with victims of the Troubles," she said.
Mrs. Kernaghan also urged those who wanted to talk or who needed help to get in touch. The number to call is 028 8225 2522.
"Unlock the pain. We are here to listen," she said.
Mr. Mandelson's visit to the town, included meeting local councillors after the visit to the Bridge Centre, was also welcomed by Mr. Allan Rainey, former UUP council chairman, who praised the Minister's decision to come to Omagh.
Mr. Rainey said that it had given councillors an opportunity to outline their concerns.
However, members of Sinn Fein decided to boycott the informal meeting in order to "record a protest at his mishandling of the peace process".
In a statement this week, West Tyrone Assemblyman, Mr. Barry McElduff, said: "Typically, Peter Mandelson was arrogant and dismissive in refusing to accept the letter of protest personally. From Sinn Fein's point of view there is no way that we are going to sit back and allow either Peter Mandelson or David Trimble to treat our mandate as secondary."
By: Olga Bradshaw
RELATIVES of those who died in the August 15 1998 bombing of Market Street in Omagh have announced that they are to take civil action against those they believed carried out the atrocity.
The families of Samantha McFarland (17), Lorraine Wilson (15), toddler Breda Devine and James Barker (12), are being assisted by a fundraising campaign launched this week by a national daily newspaper.
Their decision to take legal action is unprecedented never before have alleged terrorists been sued for being terrorists.
It is certain that a lengthy and costly civil action will be pitted with difficulties, but a civil action does have advantages over criminal cases.
In a criminal prosecution the jury must be sure beyond all reasonable doubt that a person is guilty. In a civil action a claimant must obtain enough admissible evidence to prove the case on the balance of probabilities. This means a court must find them 51 per cent likely to be guilty.
A civil action could take place in the Supreme Court in the South of Ireland, the High Court in Belfast, or the High Court in London, and it is understood that lawyers are currently working on where jurisdiction lies.
If the families lose the case they could become liable for costs on both sides, which would be an enormous burden for them to bear. Those families planning to take civil action do not expect to qualify for Legal Aid.
Meanwhile, the Secretary of State, Mr. Peter Mandelson, who was in town on Monday, said he could not find it in his heart to condemn the families' actions.
Pledging support for the continued campaign to bring those responsible for the bombing to justice, he also said that he welcomed anything that helped that process.
The main aim of his visit was to meet privately with members voluntary organisations and community groups which helped the bereaved during the Omagh Inquest which came to an end on October 5.
The meeting took place at the Bridge Centre, in Campsie, where Mr. Mandelson took time to talk to members of the Red Cross, the Tara Centre, Cruise bereavement service, members from the Wave Centre, representatives from the Omagh Trauma Centre and others.
Prior to it, the Secretary of State was welcomed by Mr. Hugh Mills, chief executive of the Sperrin Lakeland Trust, Mr. David Bolton, director of Community Care with the Trust, and Mr. Michael Duffy, Trauma Team leader.
He said the people of Omagh had been through a very great deal, reliving the horror of what had happened in the town two years ago, and he was visiting the town to show that they had not been forgotten and he had immense sympathy for the plight they felt.
Mr. Mandelson the families of Omagh had shown "immense courage and dignity" in recent weeks as the Inquest had gone on, and he added: "if it were down to my deepest feelings, and my personal will were sufficient, to bring about a prosecution, those people who were responsible would have been brought to trial a long time ago."
Confines
However, he said that people had to work within the confines of the law, and could not intervene in the on-going police investigation. But he did promise that every effort and resource was being used, and he vowed to give his own personal backing to the continued search for the people who committed "this terrible atrocity".
Referring to developments over the weekend, and the seemingly endless stalemate situation in implementing the Good Friday Agreement, Mr. Mandelson said that people everywhere in Northern Ireland had a responsibility to put violence behind them for all time and they also had a duty to make politics work in Northern Ireland.
He said the only way security and stability could come to Northern Ireland was if politics worked permanently, and he alluded to the fact that there was a loss of confidence on both sides of 'the Divide' with their opposites.
The Secretary of State said the bottom line was people all had to work together to build confidence and restore trust. If this was not done, he said, the situation would simply fall back into that resembling the past. He said people just had to look at the Middle East to see what existed there.
"We have to work with the Good Friday Agreement and make it work. That is what we have to concentrate on," he said, adding that he would be in consultation with the Irish Government to see if a way out of the current "difficult circumstances" could be found.
Referring to the decision by some of the bereaved families to launch a Civil legal action against those they perceive to be responsible for the bombing, Mr. Mandelson said he could not find it in his heart to criticise them.
He said he understood the frustration people felt, and said they had his profound sympathy. He added that he had seen Panorama, and while it might not have been the most helpful thing in the world, he could not criticise people for taking action or doing anything that motivated people to come forward with vital evidence to put a prosecution in place.
"For myself, as Secretary of State, I cannot interfere with the judicial process or with the police investigation," he said.
He said he knew the police felt as deeply as anybody else, and they had taken a lot especially in recent weeks. He was also aware of some of the questioning thrown at the police during the Inquest, and said he had no time for that at all for that type of thing.
"I am a politician and a Minister who feels the misery and sadness of the families of the Omagh victims. I feel their tremendous sense of loss. Every day I wake up and find yet another day has passed without these prosecutions we want taking place. I cannot criticise people for doing what they are doing," he said.
Referring to the current political impasse, and the threat to bar members of Sinn Fein from taking part in a cross-border group meeting this week, Mr. Mandelson said that he had never known a time when things had not been difficult. However, he said that step by step throughout the past year, there had been progress, and for the first time in Northern Ireland's history there was a government which was truly representatives of all the political groupings.
"You have so much working. Politics is working. To put it at risk to jeopardise it makes no sense at all. If we lose it there will be no replacement," he said, adding: "It is now or never for this agreement, and that's why people need to act."
One of those who met the Minister, Mrs. Tracey Kernaghan, said that it had provided an opportunity for the various groups in Omagh to receive recognition for the support they had provided since the bombing.
She said there had been a tremendous amount of supportive work done in the town by each of the groups represented at the meeting, and the fact that there had been little media intrusion into the private meeting gave Mr. Mandelson the opportunity to express his personal gratitude.
"It was an important gesture for a Government representative to acknowledge the huge amount of work carried out during the past two years, and which continues. It is paramount that the Government continues to support this much needed work, by funding and supporting groups working with victims of the Troubles," she said.
Mrs. Kernaghan also urged those who wanted to talk or who needed help to get in touch. The number to call is 028 8225 2522.
"Unlock the pain. We are here to listen," she said.
Mr. Mandelson's visit to the town, included meeting local councillors after the visit to the Bridge Centre, was also welcomed by Mr. Allan Rainey, former UUP council chairman, who praised the Minister's decision to come to Omagh.
Mr. Rainey said that it had given councillors an opportunity to outline their concerns.
However, members of Sinn Fein decided to boycott the informal meeting in order to "record a protest at his mishandling of the peace process".
In a statement this week, West Tyrone Assemblyman, Mr. Barry McElduff, said: "Typically, Peter Mandelson was arrogant and dismissive in refusing to accept the letter of protest personally. From Sinn Fein's point of view there is no way that we are going to sit back and allow either Peter Mandelson or David Trimble to treat our mandate as secondary."
Further Information
Publisher: TYRONE CONSTITUTION
Ref: TC/1581
Published Date: 02-Nov-00
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